SURINDER PAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in the writ petition, filed under Articles 226/227 of the Constitution of India, by the Petitioner is for quashing the order dated 17.4.1996, Annexure P -8, as also for the issuance of a writ of certiorari quashing the orders dated 19.2.1998 and 2.9.1998. Annexures P -12 and P -13 respectively. Another prayer, made in the writ petition, is to direct the respondents to promote the petitioner as a Constable with effect from the date when her Junior Special Police Officers were promoted.

(2.) THE petitioner was appointed as Special Police Officer in Ludhiana District by the Senior Superintendent of Police, Ludhiana, vide order dated 23.11.1993. She was, however, discharged on 29.1.1994 and thereafter appointed again as S.P.O. by respondent No.4, vide order dated 15.9. 1994, Annexure P -2. The petitioner received five commendation certificates and her case for promotion to the post of Constable was recommended by the Deputy Inspector General of Police, Ludhiana Range on 30.9.1994, Annexure P -3.

(3.) COUNSEL for the petitioner contends that the impugned order, Annexure P -8, dated 17.4.1996, as also the orders rejecting hes representation are illegal, arbitrary, violative of Articles 14 and 16 of the Constitution of India, as also violative of the principles of natural justice. The impugned Order astigmatic and punitive, passed as a measure of punishment for alleged misconduct/misbehaviour and, therefore, could have been passed only after serving a show cause notice, holding an inquiry and affording an opportunity to the petitioner to rebut the a legations levelled against her.